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Need Legal Advice regarding LEGITIMATION

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1 Need Legal Advice regarding LEGITIMATION on Fri May 20, 2016 12:03 pm


Arresto Menor
Good day!

I would like to be enlightened on the subject matter, but first things first. I am a mother of 2, one girl and one boy. My eldest daughter was born out of wedlock, in other words, she is an illegitimate child, since I did not get married to her father. Her birth certificate only shows me, as her parent, and no acknowledgement of paternity has been made. Then, fast forward, I got married to another man, and started a family with him. Now, we decided to file a joint petition to legally adopt my eldest so that she will be legitimated. But after many days of consulting lawyers, I was advised to go to the local DSWD office first before seeing a lawyer. I don’t know if this is really their protocol, but when I went to DSWD, they advised me to go to the LCR since they are not familiar with the whole process and just told me that it will be a very long process. I was somewhat discouraged, but proceeded to the LCR. Alas, after waiting for an hour, at 2 PM in the afternoon, the head in the LCR still wasn’t there so we just decided to come back some other time (since we are also government employees, and only excused ourselves from our boss). So back in the office, frustrated, I did another round of research, now focusing on Legitimation. I learned that a child can be legitimated through subsequent marriage. All we have to do is to make a.) Joint Affidavit of Legitimation; and b.) Affidavit of Acknowledgement of Paternity. And it is a much simpler process compared to adoption.

BUT, my husband is not her biological father, BUT he is willing to acknowledge my daughter as his own. AND, there was no acknowledgement made on the Birth Certificate of my daughter. AND, the biological father of my daughter hasn’t made a single effort to just even see her since she was just a baby. So I don’t see anything wrong if my husband will acknowledge my daughter. Is it possible to avail of Legitimation through subsequent marriage based on the facts presented?

My daughter knows that she’s not my husband’s child, but when we asked her if she wants to use my husband’s (she calls him Papa) surname, she said yes and was excited about it ever since. So, if someone can give me a legal advice on this matter, I’d really appreciate it.
Thank you!

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